Fraternity: Miami acted with 'malice, hatred and ill will'

School sued for $10 million

UPDATED 2:44 PM EDT Aug 29, 2012

OXFORD -

A fraternity at Miami University has sued the school for $10 million, arguing that university officials acted with "malice, hatred and ill will" by suspending the organization for having a fireworks battle with another fraternity house, which led police to find marijuana.

The lawsuit, filed by the Phi Kappa Tau fraternity in U.S. District Court in Cincinnati on Tuesday, said university officials violated members' constitutional rights by suspending the fraternity without providing an appeal process and despite the fact that police had not filed charges.

University spokeswoman Claire Wagner said the school acted in the best interest of student safety and followed written policy by suspending the fraternity, which included forcing its youngest members - all sophomores - to move back into on-campus housing.

"Any activity that so readily may cause harm to people or their homes, we have to be aware of and do our best to protect those students," Wagner said.

The university suspended Phi Kappa Tau and another fraternity, Sigma Alpha Epsilon, last week after police said the two fraternities shot fireworks at each other on Aug. 19. That led to the discovery of a baggie of marijuana and a couple pipes, police said.

No charges had been filed by Wednesday, but Oxford police have said they were pending.

In the lawsuit, Phi Kappa Tau alleges that the absence of sophomore members from the frat house will cost the fraternity at least $130,000, and that statements made by university officials have embarrassed fraternity members and ruined their reputations.

In addition to $10 million, Phi Kappa Tau is seeking a jury trial and had asked Judge Susan Dlott for a temporary order forcing the university to lift the suspension while the case is pending. Dlott denied the latter request Tuesday.

In a news release Wednesday afternoon, the fraternity said the majority of the items found were not in their house, and that only "two to four" members had any of the items.

"University actions resulted in basically all residents of the chapter facility having to vacate their chosen place of residence immediately. The university has maintained this position despite numerous good faith attempts by Phi Kappa Tau to collaborate on the incident. The recently filed legal action challenges the university's action because it is believed that it was taken before the facts could be fully addressed, was not supported by the facts, was not made in accordance with due process principles, and unnecessarily disrupts the lives of students who have no fault in the matter," the release said in part.